A Treatise on the System of Evidence in Trials at Common Law; Including the Statutes and Judicial Decisions of All Jurisdictions of the United States Volume 3

A Treatise on the System of Evidence in Trials at Common Law; Including the Statutes and Judicial Decisions of All Jurisdictions of the United States Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...hem'-f1_9J1d inferences of ii witness are inquired into as matters proper for the consideration of a jipy, their province is in a measure usurped; the judgment of witnesses 15 8-lhSt1tl1Wd fol "at of the jury." 1 This phrase is made to imply a moral impropriety or a tactical unfairness in the witness' expression of opinion. In this aspect'the phrase 1S so misleading, as well as so unsound, that it should be entirely repuchated? It is a mere bit of empty rhetoric. There is no such reason for the rule, because the witness, in expressing his opinion, is not attempting to " usurp" the. jurys function, nor could if he desired. He is not attempting it, because his c1'1'0I' (if it were one) consists merely in trying to get before the jury a piece Of testimony which ought not to go there; and he could not usurp it if he would, because the jury may still reject his opinion and accept some other view, and no legal power, not even the judge's order, can compel them t0 accept the witness' opinion against their own.3 That there is no hldflell danger of "usurpation " lurking here, and no need of invoking sentiment to repel it, will be clearly seen if we remember that the improper evidence is equally inadmissible before a judge sitting without a jury. Whatever the organization of the tribunal, it is not to waste its time in listening to superfluous and cumbersome testimony. 1921. Same: (3) Opinions on the Very Issue before the Jury. Another erroneous test, prevalent in some regions, and nearly allied to the proc@f_11"S one, ii not merely another forin of it, is that an opinion can never be recclved when it touches "the very issue before the jury " ...show more

Product details

  • Paperback | 674 pages
  • 189 x 246 x 34mm | 1,184g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236854004
  • 9781236854001